GS PrelimsPolityJudiciary1996

When the Chief Justice of a High Court acts in an administrative capacity, he is subject to

A

the writ jurisdiction of any of the other judges of the High Court

B

special control exercised by the Chief Justice of India

C

discretionary powers of the Governor of the state

D

special powers provided to the Chief Minister in this regard

Correct Answer: Option B

Explanation

1. The Chief Justice of a High Court has both judicial and administrative functions. 2. When acting in an administrative capacity (e.g., assigning cases, managing court staff, overseeing subordinate judiciary administration), the Chief Justice is exercising administrative powers. 3. Administrative actions are generally subject to judicial review, but not typically through the writ jurisdiction of other judges of the same High Court against their own Chief Justice regarding internal administration, unless there are exceptional grounds like mala fides or violation of fundamental rights. 4. The Chief Justice of India (CJI) exercises a degree of administrative supervision over the High Courts. The appointment and transfer of judges involve the CJI, and the CJI can issue administrative instructions or guidance. Therefore, the High Court Chief Justice, even in administrative matters, functions within the broader framework supervised by the CJI. 5. The Governor's discretionary powers are limited and do not typically extend to controlling the High Court's administration. The Chief Minister has no direct power over the judicial or administrative functioning of the High Court. 6. Hence, the administrative actions of the High Court Chief Justice are subject to the overall administrative superintendence and special control exercised by the Chief Justice of India.

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